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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SHREE CHANDRASHEKHAR, CJ, GAUTAM A. ANKHAD
Gurudatta Infrastructures – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
SHREE CHANDRASHEKHAR, CJ.
Gurudatta Infrastructures (in short, petitioner-Firm) which is a Partnership-Firm has filed this writ petition through its partner, namely, Sanjay Ashok Rode.
2. The petitioner-Firm seeks to challenge the bid opening summary dated 5th July 2024. The grievance of the petitioner-Firm is that the bid submitted by it was rejected on technical ground and M/s. R. K. Infraconstro Pvt. Ltd. has been illegally declared successful bidder. A related prayer made by the petitioner-Firm is for a direction to the tendering Authority to accept its bid for e-Tender Notice No.10/2023- 24 published on 6th February 2024 on the official website portal of the Maharashtra State Road Transport Corporation, Nashik Division (in short, MSRTC).
3. On 23rd July 2024, the following order was passed in Writ Petition No.10052 of 2024 :-
“1. On the oral prayer made by the learned counsel for petitioner, let the Principal Secretary (I.T.) be impleaded and as party-respondent No.6.
2. Necessary amendment shall be incorporated by the learned counsel for the petitioner during the course of the day.
3. Re-verification is dispensed with.
4. Issue notice to respondent Nos.1 to 3 and newly add
Judicial review in tender matters is limited to ensuring fairness and non-arbitrariness; minor technical defects in bids do not justify interference unless proven arbitrary or mala fide.
Judicial review of tender decisions is limited; compliance with stipulated conditions is mandatory, and non-compliance justifies rejection.
Judicial review in tender matters is limited to assessing arbitrariness, irrationality, or mala fides; decisions should reflect fair competition and not accommodate late submissions of corrected bids....
Judicial review in tender matters is limited; courts should not interfere unless actions are arbitrary, discriminatory, or biased.
District Collector is not empowered to consider the aspect of alteration of any route or alignment except to remove difficulties faced by the licensee. As a result of this, even the request of altern....
The court emphasized the limited scope of judicial review in tender matters, the importance of punctilious and rigid enforcement of tender terms, and the uniform application of tender requirements to....
The court upheld the authority's discretion in evaluating tender bids, emphasizing the need for compliance with mandatory conditions and the absence of arbitrariness in disqualification decisions.
Judicial review in tender matters limited to arbitrariness or mala fides; courts defer to authority's bid compliance assessment, refusing substitution unless perverse.
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